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Regular Meeting
Davis Joint USD
May 06, 2021 5:00PM
Closed Session-5:00 p.m.,Large Conference Room,526 B Street;Open Session-6:30 p.m.,23 Russell Blvd.Davis,CA 95616.Consistent with existing Shelter in Place orders,this meeting is compliant with the Governor’s Executive Order N-29-20 allowing for a deviation of Brown Act teleconference rules.Due to limited capacity,in person attendance by the public will not be permitted.The public comment phone line (530)757-5344 opens at noon on May 6.View live on cable TV on Channel 17 or stream at djusd.tv

Mission Statement:
The mission of Davis Joint Unified School District, a leading center of educational innovation, is to ignite a love of learning and equip each student with the knowledge, skills, character, and well-being to thrive and contribute to an evolving and increasingly-connected world, through a system characterized by: - Optimal conditions and environments for all students to learn - A team of talented, resourceful, and caring staff - Transforming teaching, learning, and operations in our continuing pursuit of excellence - Resourceful, transparent, and responsible fiscal planning, - A diverse and inclusive culture
I. CALL TO ORDER
II. CLOSED SESSION (Note location at top of agenda)
II.a. Discussion and Possible Action on Personnel Listed on the Consent Calendar for Personnel Employment/Status/ActionsConfidential agenda item.
II.b. Conference with Agency Negotiator, Matt Best, Regarding Collective Bargaining: ALT, DTA and CSEAConfidential agenda item.
II.c. Conference with Labor Negotiator, John Bowes, Regarding Unrepresented Employees: Deputy and Associate SuperintendentConfidential agenda item.
II.d. Conference with Legal Counsel-Anticipated Litigation, significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9, Number of Cases: 1 (1 case) Confidential agenda item.
III. INTRODUCTORY ITEMS
III.a. Open Session Call to Order (Note location at top of agenda)
Quick Summary / Abstract:

It is anticipated the Board will reconvene in open session at 6:30 p.m.

III.b. Patriotic Observance
III.c. Roll Call
III.d. Announcement of any Decisions Made in Closed Session
III.e. Approval of Agenda
IV. ANNOUNCEMENTS
IV.a. Superintendent's Communications
IV.b. DTA Communications
IV.c. CSEA Communications
IV.d. Announcements from Board Members/Board Liaisons
IV.e. Student Board Representative Announcements
V. PUBLIC COMMENT
Quick Summary / Abstract:

The public is invited to call in and record their public comment for the upcoming Board of Education meeting. The public comment phone line will be open at noon on the day of the Board meeting. Dial (530) 757-5344 and follow the prompts to record your comment for a particular agenda item or for an item not on the agenda. The message will be played at the appropriate time during the meeting, within the allotted public comment period. This new public comment voicemail system will be in use until we can return to in-person Board meetings.

In the interest of conducting the business of public education in a timely manner, there is a two or three-minute limit per individual speaker which, at the discretion of the board president, may be modified depending on the number of speakers.  A maximum of thirty (20) minutes for the comment period may be imposed.


VI. CONSENT CALENDAR
VI.a. Certificated Personnel Report No. 21-21
Recommended Motion:

Approve Certificated Personnel Report No. 21-21 covering 1 Employment, 1 Temporary Leave of Absence, 1 Status Change and possible addendum covering 5 Employments, 2 Promotions.


Rationale:
The personnel actions requested in this report are essential to meet the goals and mission of the Davis Joint Unified School District. 
 
Financial Impact:
The personnel actions are budgeted for in the Davis Joint Unified School District Adopted Budget or expressly approved by the Board of Education in open session. 
Attachments:
Certificated Personnel Report 21-21
Certificated Report No 21-21 Addendum A
Certificated Report No 21-21 Addendum B
VI.b. Classified Personnel Report No. 21-21
Recommended Motion:
Approve Classified Personnel Report No. 21-21 covering 1 Promotion, 1 Resignation and possible addendum covering 2Employments, 3 Promotions and 5 Coaching Variable Services Agreements.
Rationale:
The personnel actions requested in this report are essential to meet the goals and mission of the Davis Joint Unified School District. 
 
Financial Impact:
The personnel actions are budgeted for in the Davis Joint Unified School District Adopted Budget or expressly approved by the Board of Education in open session. 
Attachments:
Classified Personnel Report 21-21
Classified Report No 21-21 Addendum A
VI.c. Approval of Minutes
Attachments:
02-04-21 Minutes
02-18-21 Minutes
03-01-21 Minutes
03-04-21 Minutes
03-18-21 Minutes
03-24-21 Minutes
03-28-21 Minutes
04-01-21 Minutes
04-25-21 Minutes
VI.d. Adopt the CEQA Notice of Exemption for the Davis Senior High School Aquatic Center and STEM Building
Recommended Motion:
Adopt the CEQA Notice of Exemption for the Davis Senior High School Aquatic Center and STEM Building.
Rationale:

The California Environmental Quality Act (CEQA), Public Resources Code Sections 21080 et seq. requires the District, as the project proponent, to comply with certain environmental impact documentation regulations.  The required documentation is based on the specific nature of each proposed project.

Title 14 of the California Code of Regulations, Chapter 3, Article 19, provides for categorical exemptions for classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Staff, working in conjunction with legal counsel, find the proposed project meets the following categorical exemptions:

Class 1 (Sec. 15301): The proposed project includes the minor alteration, i.e., relocation, of existing structures on the existing campus, and involves negligible or no expansion of existing or former use.

Class 2 (Sec. 15302): The proposed project includes the replacement or reconstruction of existing structures.

Class 3 (Sec. 15303): The proposed project includes new, small facilities or structures, the conversion of existing small structures, and utility extensions and accessory structures.

Class 14 (Sec. 15314): The proposed project would be located within the existing Davis Senior High School campus, a developed property within the City of Davis, and will not increase original student capacity by more than 10 classrooms or 25 percent. 

Common Sense Exemption (Sec. 15061(b)(3)): It can be seen with certainty that there is no possibility that the proposed project involves any activity that may have a significant effect on the environment. District will be improving an already developed property, with low increased capacity.

 
Financial Impact:
Approval of the CEQA Notice of Exemption has no financial impact.
Attachments:
NOE CEQA DSHS
VI.e. Approval of Bond Program and Facility Agreements
Recommended Motion:
Approve the following Bond Program and Facility Agreements:
  1. Construction Contract- I & A Contractors, Inc. for the S-Wing Roofing Project at Davis Senior High School.

  2. Professional Services Agreement - ESS Environmental to provide asbestos daily air monitoring and final visual clearance services for the S Wing Roof Project at Davis Senior High School.

  3. Professional Services Agreement - ESS Environmental to provide asbestos and lead surveys for the Agriculture, Engineering, and Auto Shop CTE projects at Davis Senior High School.

  4. Professional Services Agreement - Joseph R. Renda Construction Services, Inc. for In-Plant Inspections for the Early Learning Center Project at Korematsu Elementary.

Rationale:
  1. Staff is recommending the Board authorize the Superintendent to execute the attached construction contract form upon DJUSD receiving all required contract exhibits, performance bonds, and insurance. On April 22, 2021, sealed bids were opened for the S-Wing Roofing Project at Davis Senior High School.  Five sealed bids were received and I & A Contractors, Inc. was the lowest responsive bidder at $498,000. This is a Facilities funded project. 

  2. Staff is recommending the Board approve a Professional Services Agreement for ESS Environmental to provide asbestos daily air monitoring and final visual clearance services for the S Wing Roof Project at Davis Senior High School. This is a Facilities funded project. 

  3. Staff is recommending the Board approve a Professional Services Agreement for ESS Environmental to provide asbestos and lead surveys for the Agriculture, Engineering, and Auto Shop CTE projects at Davis Senior High School. This is a Bond Program funded project. 

  4. Staff is recommending the Board approve a Professional Services Agreement for Joseph R. Renda Construction Services, Inc. for In-Plant Inspections for the Early Learning Center at Korematsu Elementary. This is a Bond Program funded project. 
 
Financial Impact:
The cost detail of each agreement is posted in the attachments and budget has been allocated in the appropriate fund.
Attachments:
ESS Environmental CTE PSA
ESS Environmental S-Wing PSA
I&A Agreement
Joseph R Construction PSA
VI.f. Approval and Ratification of Contracts
Recommended Motion:
Approve and ratify the contracts as presented.
Rationale:
Pursuant to Board Policy 3312 and California Education Code section 17604, contracts shall be approved or ratified by the Board of Education. The current contracts being presented to the Board are listed in the attachment section below. Additional contract(s) may be included prior to the meeting.
 
Financial Impact:
All items are budgeted in their respective department/program approved budget plans. The cost of each individual item is posted in the attachments.
Attachments:
1. Summary of Contracts - May 6, 2021
a. Bike City Theatre Company Agreement
b. Dannis Woliver Kelley Agreement
c. Fagan Friedman & Fulfrost LLP Agreement
d. Auburn Davis Center for Dialectical Behavior Therapy Agreement
e. Heidi Bekebrede Professional Services Agreement
f. Crowe LLP Agreement
g. Davis Robotics Foundation MOU
h. Facility Adviser Agreement
i. Intrepid Philanthropy Foundation Grant Agreement
j. National Security Services LLC Agreement
k. Safe Side Security, Inc. Agreement
l. School Datebooks Agreement
m. WestEd MOU
n. WeVideo Agreement
o. XSIGHT Productions, Inc. Agreement
VII. PRESENTATION/DISCUSSION/ACTION
VII.a. Return to Campus Update
Recommended Motion:

Staff will provide an update to the Board of Education about the status of COVID-19 in Yolo County and DJUSD; the Phase 4 Modified In-person Instructional Model; the remainder of the school year, including high school graduation plans; summer school, and the 2021-22 school year.

Any additional attachment(s) may be provided closer to the meeting date.


Attachments:
Return to Campus Presentation
VII.b. DJUSD Bond Program Update, DVHS Project Naming and Approval of New CBOC Members
Recommended Motion:
Receive an update from Deputy Superintendent, Matt Best, and Capital Operations Executive Director, David Burke, regarding DJUSD Bond Program projects. Approve Resolution 52-21 naming the Da Vinci Charter Academy Signature Bond Project as the Pamela Mari Da Vinci Tech Hub. Approve the recommended Citizen’s Bond Oversight Committee membership for 2021-2023.
Rationale:

Bond Program Project Updates

In June 2018, the DJUSD Board of Education approved a comprehensive Facilities Master Plan, which outlined the facilities needs of the District. In November 2018, voters approved Measure M, a $150 million facilities bond to fund much of the DJUSD Facilities Master Plan. In addition, another $76 million from other sources make up the entire DJUSD Bond Program. 

The Board of Education prioritized several signature projects which include: new science labs at Emerson/Da Vinci Junior High School, an Early Childhood Learning Center at Korematsu Elementary, four new Elementary Multipurpose Rooms, a new Tech Hub at Da Vinci High School, a new STEM, Aquatic Center, and three CTE facilities projects at DSHS. The Board will receive an update on the status of all signature projects. 
 
Naming of DVCA Facility

Staff requests the Board approve Resolution 52-21 to name the Da Vinci Charter Academy Signature Bond Project as the Pamela Mari Da Vinci Tech Hub in accordance with Board Policy 7310. Principal Millsap conducted a public outreach effort with the express purpose of recommending a name in accordance with DJUSD Board of Education Policy 7310 on Naming a Facility.  

On February 17th, the DVCA Advisory Board met to review Board Policy 7310 and to establish a system for accepting name proposals from the community. The Advisory Board decided to invite stakeholders to propose names. Persons submitting names were offered the opportunity to present them to the Advisory Board at one of the regularly scheduled meetings in March and April. Further, it was decided that Advisory Board members would provide input to the Da Vinci Administration using a rubric but that the ultimate responsibility for the final name recommendation would fall to the Da Vinci Administration. 

On February 19, DVCA Administration shared the invitation to submit names for the Tech Hub building to a wide ranging group of stakeholders, including: students, parents and guardians, staff, the Da Vinci Booster Parent Organization and the Da Vinci Alumni Network (DVAN). Between February 19 and March 16,  2021, the DVCA Advisory Board received seven name suggestions. 
  
Of those suggestions, two submitters moved forward with a presentation to the DVCA Advisory Board on March 17, 2021. The Advisory Board is recommending the building be named in honor of Ms. Pamela Mari. The Advisory Board and DJUSD staff believe that Ms. Mari’s personal story along with the legacy of her career in DJUSD and in other realms of education are inspirational and in line with the values and mission of Da Vinci Charter Academy. Since Ms. Mari was the person who originally facilitated the process of selecting the beloved name Leonardo Da Vinci for the school, it is befitting that the process comes full circle to honor her as the namesake for the forthcoming building, which will be transformational to the Da Vinci program that Ms. Mari started 17 years ago. We are confident that the Davis and Da Vinci community is in support of this name selection and are, hereby, recommending that the new building be formally named the Pamela Mari Da Vinci Tech Hub. 

Citizens Bond Oversight Committee New Member Approval

Resolution No. 30-19, which established a Citizen's Bond Oversight Committee (CBOC) for General Obligation Bonds, was adopted by the Board of Education at the December 20, 2018, meeting and members were selected by the Board on February 7, 2019.  

The Board authorized the Superintendent/designee to advertise for and solicit candidates for consideration of appointment to the Committee, review applications submitted to the District for Committee membership and make recommendations to the Board to assist the Board in appointing Committee members.

The CBOC must consist of at least seven (7) members, five (5) of whom must meet the criteria below.  DJUSD recommends a committee of nine (9) members.  

  • 1 member must be active in the business community
  • 1 member shall be active in a senior citizens organization
  • 1 member shall be active in a bona fide taxpayers' organization
  • 1 member shall be the parent or guardian of a child enrolled in the District, and 
  • 1 member shall be both a parent/guardian of a child enrolled in the District and active in a parent-teacher organization.

Terms of current CBOC Chairperson Donna Neville (senior citizens organization member), Vice-Chairperson Eric Roe (taxpayers' organization member), and Jim Belenis (business community) have expired and they are electing not to accept an additional term. The District thanks them for their dedication and service to the Citizens Bond Oversight Committee over these past two years. The District advertised for new members and received 2 applications. 

District staff are recommending the approval of Amanda Cattivera (taxpayers' organization member) and Andrew Cullen (business community) to the Citizens Bond Oversight Committee for a term of two years from May 2021 to May 2023. 

 
Financial Impact:
There is no financial impact for these items.
Attachments:
Board Policy 7310
Bond Program Presentation
Naming Resolution 52-21
VII.c. Public Hearing: Energy Conservation and Lighting Upgrades Pursuant to Government Code Section 4217
Recommended Motion:
Conduct a public hearing to receive comments regarding proposed LED lighting Retrofit projects at Harper Junior High School and Korematsu Elementary School.
Rationale:
Government Code section 4217 requires the holding of a public hearing to receive comments regarding the award of contracts under the provisions of Section 4217.

The district has provided public notice at least two weeks prior to this regularly scheduled meeting that it would hold a hearing to consider proposed energy conservation facilities and of its intent to authorize proceeding under Government Code section 4217.

 
Financial Impact:
The public hearing has no fiscal impact.
Attachments:
4217 Public Notice
VII.d. Approve Resolution No. 53-21, Intent to Authorize Acquisition Under Government Code Section 4217, Approve Energy Services Agreement with Efficient Lighting Designs, Inc., and approve PG&E OBF Funding Agreements for LED Lighting Retrofit Projects at Harper Junior High and Korematsu Elementary Schools
Recommended Motion:
Approve Resolution No. 53-21, Intent to Authorize Acquisition Under Government Code Section 4217, approve Energy Services Agreement with Efficient Lighting Designs, Inc., and approve PG&E OBF Funding Agreements for LED Lighting Retrofit Projects at Harper Junior High School and Korematsu Elementary School.
Rationale:
Over the last five years, the district has participated in the California Clean Energy Jobs Act (Proposition 39) to fund LED lighting retrofit projects at all but two of the district’s facilities.  The number of district facilities that could participate in the Proposition 39 program was limited to the overall funding amount provided by the program.  In June 2019, the Board approved completion of the last round of Proposition 39 projects.  The projects were awarded under the provisions of Government Code section 4217 to Energy Efficient Lighting Design, Inc. (ELD).  The lighting retrofit projects were completed on schedule and within budget by ELD.

The energy consumption savings, reduced maintenance and replacement costs, and improved lighting quality of LED fixtures as compared to incandescent and fluorescent fixtures is well established.  It is in the district’s best interest to complete LED retrofit projects at the remaining sites that could not be accommodated under the Proposition 39 program.

The two remaining sites proposed for LED retrofit projects are:  Harper Junior High School and Korematsu Elementary School.

Capital Operations staff researched potential funding sources and identified a program administered by the Pacific Gas and Electric Company (PG&E) as a potential funding source for the remaining LED projects.  The PG&E program is known as the On-Bill Financing Loan Program (OBF) which provides zero interest loans to eligible entities for qualifying LED retrofit projects.

In order to participate in the OBF program, detailed surveys and inventories of existing lighting are required to determine the projected energy savings.  The district has completed these surveys and the necessary calculations to participate in the OBF program.  PG&E has reviewed and has confirmed the district’s calculations and has approved the district to participate in the OBF program.  PG&E has determined the combined two site payback period to be approximately 6.5 years.

The repayment of the OBF loan is made through the realized energy savings over the 6.5 year payback period.  The district’s energy bills at the two sites will remain constant and the savings delta will retire the OBF loans in 6.5 years.  There is no net additional cost to the district related to the OBF program.

Once the OBF loans are retired, all energy savings would then be realized by the district.  In addition, approximately 95% of the proposed LED fixtures and components carry a 10-year manufacturer’s warranty.

Although the district would not receive fiscal benefit related to the energy savings of the LED retrofit until the OBF loans are retired in 6.5 years, the district would realize immediate benefit as a result of significantly reduced maintenance requirements and improved lighting quality of the LED fixtures.

Government Code section 4217 provides an alternate means for public agencies to award energy service contracts.  Specifically, Government Code section 4217.12 provides for public agencies to enter into energy service contracts if the public agency determines the services to be provided are in the best interest of the public agency.  To determine if a contract is in the best interest of the public agency, the agency must find the anticipated cost to the public agency for energy services will be less than the anticipated cost to the public agency if the services were not provided.

PG&E completed a very thorough analysis of energy use, projected energy savings, and project costs which determined the requirements of Government Code section 4217.12 would be met.

Capital Operations staff is recommending the approval of the attached contract with ELD, Inc. to complete LED retrofit projects at Harper Junior High School and Korematsu Elementary School through PG&E’s OBF program.  ELD is being recommended as they are in the district’s energy services firm pool (March 2019 RFQ process), they have a proven track record coordinating PG&E OBF projects, and they have been highly successful in completing LED retrofit projects in DJUSD.

 
Financial Impact:
No net additional financial impact during aggregate payback period of 6.5 years. After 6.5 years, energy cost savings would be realized by the district.
Attachments:
A. Resolution 53-21
B. 4217 Contract
C. KOR PG&E Form
D. HAR PG&E Form
VII.e. Local Control Accountability Plan (LCAP) Update
Recommended Motion:
Hear on update on the DJUSD Local Control Accountability Plan (LCAP). 
Rationale:

During the LCAP development process, staff provide updates to the Board of Education on key sections of  the LCAP to make the plan more accessible and understandable. This agenda item includes a draft of the plan summary and a synthesis of input following stakeholder outreach. 

Also attached is Da Vinci Charter Academy's 2019-20 LCAP Annual Update and the Annual Update for their Learning Continuity Plan. 

 
Attachments:
Davis Joint USD 2021-2024 Local Control Accountability Plan Update Presentation May 6, 2021
DJUSD 2021-24 Local Control and Accountability Plan
DVCA Local Control and Accountability Plan LCP Annual Update
VII.f. Amendment To Employment Agreement Between Davis Joint Unified School District and Matt Best
Recommended Motion:

Approve Fourth Amendment To Employment Agreement Between Davis Joint Unified School District and Matt Best.

Rationale:

The Employment Agreement Between Davis Joint Unified School District and Matt Best (the “Agreement”) entered into as of December 21, 2017, specifies that a maximum of 5 vacation may be bought back from Matt Best (the “Deputy Superintendent”), by the District, at the election of the Deputy Superintendent. Over the course of the 2020-21 school year, the Deputy Superintendent has been unable to utilize a significant portion of his allotted vacation days, due in part to an increased workload caused by the COVID-19 pandemic. The proposed amendment would allow the District, at the Deputy Superintendent’s election, to buy back 15 vacation days from the Deputy Superintendent, in addition to the 5 vacation days that may be bought back pursuant to the Agreement.

Any attachment(s) will be posted after Closed Session on May 6, 2021.

 
Financial Impact:

Amount in payment to the Deputy Superintendent in exchange for unused vacation, is dependent on the number of days utilized, at the 2020-21 daily rate.

Attachments:
Contract Amendment- Best
VII.g. Amendment To Employment Agreement Between Davis Joint Unified School District and Sunya Rody Boonchouy
Recommended Motion:
Approve Fourth Amendment To Employment Agreement Between Davis Joint Unified School District and Sunya Rody Boonchouy.
Rationale:

The Employment Agreement Between Davis Joint Unified School District and Sunya Rody Boonchouy (the “Agreement”) entered into as of December 21, 2017, specifies that a maximum of 5 vacation may be bought back from Sunya Rody Boonchouy (the “Associate Superintendent”), by the District, at the election of the Associate Superintendent. Over the course of the 2020-21 school year, the Associate Superintendent has been unable to utilize a significant portion of his allotted vacation days, due in part to an increased workload caused by the COVID-19 pandemic. The proposed amendment would allow the District, at the Associate Superintendent’s election, to buy back 15 vacation days from the Associate Superintendent, in addition to the 5 vacation days that may be bought back pursuant to the Agreement.

Any attachment(s) will be posted after Closed Session on May 6, 2021.

 
Financial Impact:

Amount in payment to the Associate Superintendent in exchange for unused vacation is dependent on the number of days utilized at the 2020-21 daily rate.

Attachments:
Contract Amendment- Boonchouy
VIII. UPDATE ON TENTATIVE BOARD AGENDA CALENDAR
Rationale:

The calendar is a fluid, working document used by the Board President and Superintendent in support of the Board conducting efficient and effective Board meetings. Changes in the date of future agenda items occur frequently to best fit Board items into the time parameters of Board meetings and District priorities.  

 
Attachments:
BOE Agenda Calendar 2020-21 rev 05-03-21
IX. DATE, TIME, AND PLACE OF NEXT SCHEDULED MEETING
Quick Summary / Abstract:
The next meeting of the Board of Education is scheduled for May 20, 2021. Consistent with the Shelter in Place orders from the Governor and Yolo County, this meeting is compliant with the Governor’s Executive Order N-29-20 which allows for a deviation of teleconference rules required by the Brown Act. The Board will convene in Open Session, and immediately thereafter adjourn to Closed Session at 5:00 p.m. The Board will reconvene in Open Session at approximately 6:30 p.m. The public comment phone line will be open at noon on the day of the Board meeting. Dial (530) 757-5344 and follow the prompts to record your comment for a particular agenda item or for an item not on the agenda. The message will be played at the appropriate time during the meeting, within the allotted public comment period. This new public comment voicemail system will be in use until we can return to in-person Board meetings. The meeting will be available for viewing live on cable television on DJUSD Education Channel 17 or stream the meeting at www.djusd.tv.




X. ADJOURNMENT
XI. COMPLIANCE INFORMATION
Quick Summary / Abstract:

In compliance with the Brown Act regulations, Monica Roque legally posted this agenda on May 3, 2021.

In compliance with the American with Disabilities Act, if you need special assistance to otherwise participate during this meeting, including auxiliary aids or services, please contact the Superintendent's Office at (530) 757-5300 ext. 142. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to the Board meeting.

The Board meeting will be televised live on cable television on DJUSD Education Channel 17. Streaming video of this meeting is also available at: DJUSD Board Meeting.

Agenda Packets are available for review at the Davis Joint Unified School District office, 526 B Street (530-757-5300 x 142); or online at https://davis.agendaonline.net/public/davis.



Published: May 3, 2021, 4:48 PM

The resubmit was successful.